- 1 - HC-KAR NC: 2025:KHC:31100 WP No. 27915 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27915 OF 2024 (GM-RES) BETWEEN: SHRI. SRINIVASA. T AGED ABOUT 52 YEARS, S/O THIMMAPPA, R/A B. H. ROAD, K T MUDIYAPPA BADAVANE, KADUR, CHIKMAGALUR, KARNATAKA - 577 548. …PETITIONER (BY SMT.RACHITHA RAJSHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, KADUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. TIPPESHA S/O LATE MALLAPPA, AGE ABOUT 54 YEARS, R/A WARD NO.05, SAHITYA NAGARA, KADUR TOWN AND TALUK, CHIKKAMAGALURU, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31100 WP No. 27915 of 2024 KARNATAKA - 577 548. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. GIRISHA S N., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASHING THE INITIATION OF THE CRIMINAL CASE IN C.C.NO.2792/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, KADUR ARISING OUT OF THE CRIME NO.42/2024 OF KADUR POLICE STATION DATED 22.02.2024 FOR THE OFFENCES PUNISHABLE ORDER 504, 324, 323, 307, 506, R/W 34 OF IPC, 1860 VIDE ANNEXURE-D IN SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard learned counsel for the petitioner. 2. This petition is filed by the petitioner - accused No.2 seeking quashing of the proceedings in C.C.No.2792/2024 pending on the file of Civil Judge and JMFC, Kadur arising out of Crime No.42/2024 of Kadur Police Station for the offence punishable under Sections 504, 324, 323, 307, 506 read with Section 34 of IPC, 1860. - 3 - HC-KAR NC: 2025:KHC:31100 WP No. 27915 of 2024 3. Learned counsel for the petitioners has brought to the notice of this Court that the proceedings have already been quashed as against accused No.1, against whom identical overt acts were attributed. Though the crime was registered against the petitioners for the offences punishable under Sections 323, 324 and 307 of the IPC, the Investigating Officer, after completion of investigation, has filed a charge sheet by deleting the offence under Section 307 of the IPC. 4. Today, a Joint Affidavit has been filed indicating that the complainant has settled the matter at the intervention of well-wishers and family members and therefore, does not wish to pursue the above criminal proceedings. 5. In the said Joint Affidavit, the petitioners and respondent No.2–complainant have undertaken that henceforth they shall not initiate any proceedings against each other or against their respective family members either before the civil or criminal courts. Since the dispute has been given a quietus and the complainant intends to withdraw the allegations and though the offence under Section 326 of the IPC is not compoundable, in view of the amicable settlement between the - 4 - HC-KAR NC: 2025:KHC:31100 WP No. 27915 of 2024 parties and the judgment of the Hon’ble Supreme Court in Naushey Ali and Others vs. State of Uttar Pradesh and Another1, this Court is inclined to consider the request. 6. On perusal of the medical evidence, it is noted that the complainant has suffered one simple injury and one grievous injury, the latter being to the elbow, which is not a vital part of the body. In the light of the settlement and considering that certain offences are not compoundable, this Court is of the view that the chances of conviction are bleak. To prevent abuse of process, it is just and proper to quash the proceedings. Accordingly, the Joint Affidavit is taken on record. 7. On being queried, respondent No.2 – complainant has confirmed the settlement and reiterated that he does not wish to prosecute the matter and requested this Court to quash the proceedings. 8. In view of the Joint Affidavit filed by the parties and the statement of respondent No.2 – complainant recorded in Court, the following order is passed: 1 (2025) 4 SCC 78 - 5 - HC-KAR NC: 2025:KHC:31100 WP No. 27915 of 2024 ORDER (i) The Criminal Petition is hereby allowed. (ii) The proceedings in C.C.No.2792/2024, pending on the file of the Civil Judge and JMFC, Kadur, arising out of Crime No.42/2024 of Kadur Police Station, for the offences punishable under Sections 504, 324, 323, 307, 506 read with Section 34 of the IPC, are quashed insofar as they relate to petitioner – accused No.2. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 74